Article 19 Of The Indian Constitution's Right To Free Expression: An Analysis Of Fake News On Social Media
- IJLLR Journal
- Feb 23
- 2 min read
Pooran Chandra Pande, Research Scholar of Law, Maharishi University of Information Technology Lucknow. U.P.
Dr K.B. Asthana, Dean, Faculty of Law, Maharishi University of Information Technology Lucknow. U.P.
ABSTRACT
Encouraging residents to voice their thoughts, participate in public discourse, and participate in political debate is essential to democratic governance and individual liberty. Article 19(1)(a) of the Indian Constitution guarantees the fundamental right to freedom of speech and expression. The rapid growth of social media platforms has given birth to complex problems, particularly around fake news misinformation that is presented as fact but is false or misleading. The spread of fake news on platforms such as Facebook, X and WhatsApp has raised concerns about its potential to disrupt public order, harm the reputation of individuals, incite violence, and manipulate political processes.
This paper explores the conflict between defending the right to free speech and averting harm from false information by critically analysing the reach and bounds of Article 19(1)(a) in relation to fake news on social media. It looks closely at the constitutional framework that protects free speech, how social media contributes to the dissemination of false information, and how such content affects social cohesion and public conversation. While weighing the necessity of suitable limitations under Article 19(2), the study also assesses the legal tools available to combat fake news, such as defamation laws, digital media rules, and court precedents. By highlighting the significance of media literacy, social media platform regulation, and judicial monitoring in preserving democratic ideals, the study presents a balanced strategy that preserves free expression while putting into practice practical steps to reduce the dangers of fake news.
Keywords: court cases, Fake News, Freedom of Expression, Regulation, and social media
